Website Notice and Disclaimer Checklist
- United States
- 04/01/2003
- Aresty International Law Offices, P.C
Web Site Notice and Disclaimer Checklist
The use of clear notices and disclaimers for website creators and operators is an important and overlooked aspect of working in cyberspace. Notices, restrictions and disclaimers should be readily available in full or via links from the homepage in addition to having more detailed notices and disclaimers on pages within the site depending on the type of information and services that are being disseminated. We have also counseled clients on the use of click through notices and disclaimers for certain aspects of website development. The following issues should be included in the notices and disclaimers:
1.Copyright and Trademark Notices.
a.Copyright designations for the site’s content
b.Identification of trademarks: site owner and third parties
c.Credits to website designer, if appropriate
d.Both onscreen and within the source code
2.Restricting the Use of Site Content
a.Clearly describe any restrictions imposed on the use of content
b.Noncommercial use only is a popular restriction
c.Copyright notices must be clearly displayed on any reproductions of the content
d.Provide instructions for the proper citation for crediting the site owner, designer and/or creator of the content
3.Disclaimers for Site Content
a.Notice should describe any disclaimers associated with the content
b.Disclosure that no express or implied warranties as to timeliness, accuracy, appropriateness for a particular purpose
c.Disclaim liability for content errors, omissions, infringing material
d.Disclaim damages associated with reliance on the content
e.Disclaim liability for material contained in sites that are linked to the owner’s site
4.Access
a.Reserve the right to revoke access or authorizations to access secure sites
5.User Input
a.User email or other input provided by site visitors can be used by site owner without compensation
b.Appropriate protection of personal information
6.Privacy
a.Describe type of information collected by the site
b.How is the information used and/or distributed
c.Children’s Online Privacy Protection Act compliance
d.Parental release for any information collected from minors
7.Links and Framing
a.Disclosure of linking terms
b.Prior approval for links
c.Agreement not to use frames
